中国犯罪构成体系不必重构

The structure of crimes in China not to be restructured

It becomes a tendency to introduce the German and Japanese theory in the structure of crime to restructure that of China. However, Chinese structure of crime is not that poor as criticized, while that of Germany and Japan applauded by reformist also has disadvantages, such as the confliction inside the system, the deviation of actuality and original intention and the only systematic notion, etc. The issues of Chinese structure of crime, e.g. the relationship of the constituents is not clear and the concept of crime deduced from the structure of crime is too simple, can be solved by carrying through the object-preferred step-up notion and setting up the concept of crime with various meanings. Thus, the current structure of crime does not have to be restructured. Li Hong, professor of criminal law, works at Law School of Tsinghua University. He got his M.A. and Ph.D, first at Wuhan University, China and then at Doshisha University, Japan. His primary research is focused on the elements of crime, corporate crime and Japanese criminal law and his main publications include Study of Omission, Study of Corporate Crime and Reflection on General Criminal Issues, etc.